Improving and Eliminating Regulations; Lighting Equipment, Coal Dust/Rock Dust Analyzers, and Methane Detectors

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 26, 29, 57, and 75

RIN 1219-AA98

Improving and Eliminating Regulations; Lighting Equipment, Coal

Dust/Rock Dust Analyzers, and Methane Detectors

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Proposed rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: MSHA is proposing to remove approval regulations for lighting

equipment for illuminating underground workings; portable coal dust/

rock dust analyzers; and continuous duty, warning light, portable

methane detectors. These regulations are unnecessary because they

address equipment that can be addressed by other MSHA regulations.

Removal of these parts would not reduce protection for miners. This

proposal would also make conforming amendments to safety regulations

that require the use of this approved equipment in underground coal

mines and in gassy underground metal and nonmetal mines.

DATES: Submit written comments on or before November 2, 1998.

ADDRESSES: Send comments by mail to Patricia W. Silvey, Director,

Office of Standards, Regulations, and Variances, MSHA, 4015 Wilson

Boulevard, Room 631, Arlington, VA 22203; by facsimile to MSHA, Office

of Standards, Regulations, and Variances at 703-235-5551; or by E-mail

to [email protected]. MSHA encourages commenters sending written

comments by mail or facsimile to also send a computer disk of the

comments.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office

of Standards, Regulations, and Variances, MSHA; 703-235-1910.

SUPPLEMENTARY INFORMATION:

I. Regulatory Background

In response to the Administration's regulatory reinvention

initiative, MSHA conducted a review of its existing regulations to

identify obsolete, outdated, redundant, or unnecessary provisions that

could be removed or revised without reducing protection afforded

miners. This proposed rule is part of MSHA's ongoing plan to improve

its regulations. The removal of parts 26 and 29, from title 30 of the

Code of Federal Regulations (30 CFR), would not reduce protection to

miners. These provisions are covered by other MSHA regulations.

Conforming amendments to other 30 CFR parts would be made, as

appropriate.

To increase awareness of this regulatory action, MSHA will mail a

copy of this proposed rule to all mine operators and miners'

representatives and post it on MSHA's Website.

II. Discussion of Proposed Rule

A. 30 CFR 26--Lighting Equipment for Illuminating Underground Workings

In 1958, MSHA developed the regulations in 30 CFR 26 to establish

specifications for the approval of mine lighting systems that are used

independently, i.e., not connected to an approved machine. These

specifications contain permissibility requirements to ensure that the

electric system and components do not pose an explosion hazard, and

design requirements to address the adequacy of the light intensity.

MSHA has received only one application for approval of mine lighting

systems under 30 CFR 26 since 1978.

Even though MSHA is proposing to remove 30 CFR 26, lighting systems

approved under this part could continue to be manufactured and

distributed for use in mines, as long as this was done in accordance

with the drawings and specifications upon which the approval was based

and there were no changes in the approved systems. No changes in

approved systems could be made under 30 CFR 26 once it was deleted. Any

future changes to lighting systems approved under 30 CFR 26 would

require a new application for approval under 30 CFR 18.

Currently, approvals of lighting systems which are used

independently, as well as those which are part of MSHA-approved

equipment, can be requested under the requirements of 30 CFR 18,

Electric Motor Driven Mine Equipment and Accessories. The general

requirement in 30 CFR 18, subpart A; certain design and construction

requirements in subpart B (i.e. Secs. 18.20, 18.23, 18.24, 18.25, 18.30

18.35, 18.41, 18.48, 18.50, and 18.51); and certain inspections and

tests in subpart C (i.e. Secs. 18.62, 18.66, 19.67, and 18.68), as well

as any other provisions necessary to address the design and performance

of the systems, are applicable to the approval of independent mine

lighting systems. For example, an evaluation for intrinsic safety under

30 CFR 18 includes a ``Lamp Bulb Breakage'' test which consists of

breaking the bulb in the presence of an explosive mixture of methane-

in-air. In addition to the permissibility and intrinsic safety

requirements in 30 CFR 18, provisions in 30 CFR 75.1719-1 through

75.1719-3 contain voltage limitations, specify the amount of light

required in mine workings, and address other safety requirements

applicable to mine lighting systems.

For these reasons, MSHA believes that the approval regulations in

30 CFR 26 are redundant and is proposing to remove them.

B. 30 CFR 29-Portable Coal Dust/Rock Dust Analyzers, and Continuous

Duty, Warning Light, Portable Methane Detectors for Use in Coal Mines

MSHA originally developed the regulations in 30 CFR 29 in the early

1970's to provide performance requirements for the approval of portable

coal dust/rock dust analyzers for use in measuring the incombustible

content of mine dusts; and for the approval of continuous duty, warning

light, portable methane detectors for use in providing a visual signal

of the presence of methane. At that time, MSHA anticipated that there

would be a need for the approval of these types of instruments. MSHA

has now determined, however, that the approval requirements in 30 CFR

29 for both portable coal dust/rock dust analyzers and continuous duty,

warning light, portable methane detectors are unnecessary and is

proposing to remove this part.

Even though MSHA is proposing to remove 30 CFR 29, portable coal

dust/rock dust analyzers and continuous duty, warning light, portable

methane detectors approved under this part could continue to be

manufactured and distributed for use in mines, as long as this was done

in accordance with the drawings and specifications upon which the

approval was based and there were no changes in the approved devices.

No changes in these approved devices could be made under 30 CFR 29 once

it was deleted. Any future changes to such devices approved under 30

CFR 29 would require a new application for approval under 30 CFR 18 or

22, as discussed below.

Portable coal dust/rock dust analyzers. MSHA has never issued an

approval for a portable coal dust/rock dust analyzer under 30 CFR 29.

An experimental approval was granted in the late 1980's; however, the

project was never completed. Furthermore, the performance requirements

in 30 CFR 29 for portable coal dust/rock dust analyzers are now

outdated. MSHA believes that 30 CFR 29 is no longer necessary or viable

for approval of a portable coal dust/rock dust analyzer because there

has been negligible

[[Page 47121]]

interest in approval of such an instrument, and the performance

requirements are outdated. The elimination of 30 CFR 29, therefore,

would not reduce protection afforded miners by the existing standards.

Although no such request is anticipated, should portable coal dust/

rock dust analyzers be developed in the future, they could be approved

under 30 CFR 18, Electric Motor Driven Mine Equipment and Accessories.

Approvals are routinely issued under 30 CFR 18 for instruments that are

not required by regulation, but are being used in underground mines,

provided that they meet the requirements for intrinsic safety in 30 CFR

18.68 and are determined to be safe for their intended use as required

by 30 CFR 18.20(b). In addition, the general requirements in 30 CFR 18,

subpart A, as well as any other provisions necessary to address the

design and performance of the instrument, are appropriate for the

approval of portable coal dust/rock dust analyzers.

Continuous duty, warning light, portable methane detectors. MSHA

has not issued a new approval for a continuous duty, warning light,

portable methane detector under 30 CFR 29 since 1981. When 30 CFR 29

was developed, portable methane detectors approved under 30 CFR 22 did

not have continuous monitoring, nor warning or alarm capability. Since

1981, however, advancements in technology have resulted in instruments

that are suitable for approval both as portable methane detectors under

30 CFR 22 and which also have the capability to be used for continuous

personal monitoring and warning or alarm. Portable methane detectors in

use in mines now routinely have the capabilities specified in 30 CFR

29, and MSHA has approved them for the past 16 years under 30 CFR 22,

Portable Methane Detectors.

If MSHA were to receive a new request under 30 CFR 29 for approval

of a methane detector that is portable, operates continuously, and

provides a warning to the user, the Agency could conduct an equivalent

evaluation of the instrument using the approval requirements in 30 CFR

22. For these reasons, MSHA believes that 30 CFR 29 is unnecessary and

that its removal would not reduce protection afforded miners by the

existing standards.

III. Executive Order 12866

Executive Order 12866 requires that regulatory agencies assess both

the costs and benefits of regulations. MSHA has determined that this

proposed rule does not meet the criteria for a significant regulatory

action and, therefore, has not prepared a separate analysis of costs

and benefits. The analysis contained in this preamble meets MSHA's

responsibilities under Executive Order 12866 and the Regulatory

Flexibility Act.

IV. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) requires regulatory agencies

to consider a rule's impact on small entities. Under the RFA, MSHA must

use the Small Business Administration (SBA) definition for a small mine

of 500 or fewer employees or, after consultation with the SBA Office of

Advocacy, establish an alternative definition for the mining industry

by publishing that definition in the Federal Register for notice and

comment. Although MSHA traditionally has considered small mines to be

those with fewer than 20 employees, MSHA has analyzed the impact of the

proposed rule on mines with 500 or fewer employees for the purposes of

the RFA.

Regulatory Flexibility Certification

In accordance with Sec. 605 of the RFA, MSHA certifies that this

proposed rule would not have a significant economic impact on a

substantial number of small entities. No small governmental

jurisdictions or nonprofit organizations are affected.

Under the Small Business Regulatory Enforcement Fairness Act

(SBREFA) amendments to the RFA, MSHA must include in the proposed rule

a factual basis for this certification. The Agency also must publish

the regulatory flexibility certification in the Federal Register, along

with its factual basis. The Agency believes that this analysis provides

a reasonable basis for the certification in this case.

The Agency has provided a copy of this proposed rule and regulatory

flexibility certification statement to the SBA Office of Advocacy.

Factual Basis for Certification

MSHA used a qualitative approach in concluding that the proposed

rule would not have a significant economic impact on a substantial

number of small entities. This proposed rule removes approval

regulations for equipment that can be approved under other existing

MSHA regulations. The benefit of removing redundant provisions is that

MSHA regulations would be more concise, clearer, easier to use, and

reflect advances in technology. This proposed rule would have no

economic impact on the mining industry.

V. Paperwork Reduction Act

This proposed rule contains no information collection requirements

subject to the Paperwork Reduction Act of 1995.

VI. Unfunded Mandates Reform Act

For purposes of the Unfunded Mandates Reform Act of 1995, as well

as Executive Order 12875, this proposed rule does not include any

Federal mandate that may result in increased expenditures by State,

local, and tribal governments, or by the private sector.

VII. Executive Order 13045

In accordance with Executive Order 13045, Protection of Children

from Environmental Health Risks and Safety Risks, MSHA has evaluated

the environmental health and safety risks of the proposed rule on

children. The Agency has determined that the proposed rule would have

no effect on children.

List of Subjects

30 CFR parts 26 and 29

Mine safety and health.

30 CFR parts 57 and 75

Mine safety and health, Underground mining.

Dated: August 24, 1998.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

Accordingly, under the authority of 30 U.S.C. 957 and 961 and for

the reasons set out in the preamble, MSHA proposes to amend chapter I,

title 30 of the Code of Federal Regulations as follows:

PART 26--LIGHTING EQUIPMENT FOR ILLUMINATING UNDERGROUND WORKINGS

1. Part 26 is removed.

PART 29--PORTABLE COAL DUST/ROCK DUST ANALYZERS, AND CONTINUOUS

DUTY, WARNING LIGHT, PORTABLE METHANE DETECTORS FOR USE IN COAL

MINES

2. Part 29 is removed.

PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND

NONMETAL MINES

3. The authority citation for part 57 continues to read as follows:

Authority: 30 U.S.C. 811.

4. Section 57.22303 is revised to read as follows:

Sec. 57.22303 Approved equipment (I-C mines).

Only electric equipment that is approved by MSHA under the

[[Page 47122]]

applicable requirements of 30 CFR parts 18 through 28 shall be used

underground, except for submersible sump pumps.

PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES

5. The authority citation for part 75 continues to read as follows:

Authority: 30 U.S.C. 811.

6. Section 75.506 is amended by revising paragraph (d) to read as

follows:

Sec. 75.506 Electric face equipment; requirements for permissibility.

* * * * *

(d) The following equipment will be permissible electric face

equipment only if it is approved under the appropriate parts of this

chapter, or former Bureau of Mines' approval schedules, and it is in

permissible condition:

(1) Multiple-Shot Blasting Units, part 7, subpart D;

(2) Electric Cap Lamps, part 19;

(3) Electric Mine Lamps Other than Standard Cap Lamps, part 20;

(4) Flame Safety Lamps;

(5) Portable Methane Detectors, part 22;

(6) Telephone and Signaling Devices, part 23;

(7) Single-Shot Blasting Units;

(8) Lighting Equipment for Illuminating Underground Workings; and

(9) Methane-Monitoring Systems, part 27.

[FR Doc. 98-23349 Filed 9-2-98; 8:45 am]

BILLING CODE 4510-43-P